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Meralco (GR 29462, 7 March 1929) Facts: The Manila Electric Company, is engaged in operating street cars in the City of Manila for the conveyance of passengers; and on the morning of 18 November 1925, one Teodorico Florenciano, as Meralcos motorman, was in charge of Car 74 running from east to west on R. Hidalgo Street, the scene of the accident being at a point near the intersection of said street and Mendoza Street. After the car had stopped at its appointed place for taking on and letting off passengers, just east of the intersection, it resumed its course at a moderate speed under the guidance of the motorman. The car had proceeded only a short distance, however, when Ignacio del Prado ran across the street to catch the car, his approach being made from the left. The car was of the kind having entrance and exit at either end, and the movement of del Prado was so timed that he arrived at the front entrance of the car at the moment when the car was passing. Del Prado, upon approaching the car, raised his hand as an indication to the motorman of his desire to board the car, in response to which the motorman eased up a little, without stopping. Upon this, del Prado seized, with his left hand, the front perpendicular handpost, at the same time placing his left foot upon the platform. However, before del Prados position had become secure, and even before his raised right foot had reached the platform, the motorman applied the power, with the result that the car gave a slight lurch forward. This sudden impulse to the car caused del Prados foot to slip, and his hand was jerked loose from the handpost. He therefore fell to the ground, and his right foot was caught and crushed by the moving car. The next day the member had to be amputated in the hospital.
An action was instituted in the CFI of Manila by Ignacio del Prado to recover damages in the amount of P50,000 for personal injuries alleged to have been caused by the negligence of Meralco in the operation of one of its street cars in the City of Manila. Upon hearing the cause the trial court awarded to del Prado the sum of P10,000, as damages, with costs of suit. Meralco appealed. ISSUE: WON There is absence or presence of Contributory Negligence. SC Ruling: The Supreme Court affirmed the appealed judgment with the modification that the sum to be recovered reduced to P2,500; with costs against Meralco.
showing that due care had been used in training and instructing the motorman in charge of this car in his art. This proof is irrelevant in view of the fact that the liability involved was derived from a breach of obligation under article 1101 of the Civil Code and related provisions.
6. Relevance
4. Relevance
of distinction between Culpa Contractual and Culpa Aquiliana as to defenses available. The distinction between the two sorts of negligence is important in this jurisdiction, for the reason that where liability arises from a mere tort (culpa aquiliana), not involving a breach of positive obligation, an employer, or master, may exculpate himself, under the last paragraph of article 1903 of the Civil Code, by proving that he had exercised due diligence to prevent the damage; whereas this defense is not available if the liability of the master arises from a breach of contractual duty (culpa contractual).
of distinction between negligence arising under Article 1902 and 1101 as to mitigation of liability. Another practical difference between liability for negligence arising under article 1902 of the Civil Code and liability arising from negligence in the performance of a positive duty, under article 1101 and related provisions of the Civil Code, is that, in dealing with the latter form of negligence, the court is given a discretion to mitigate liability according to the circumstances of the case (art 1103). No such general discretion is given by the Code in dealing with liability arising under article 1902; though possibly the same end is reached by courts in dealing with the latter form of liability because of the latitude of the considerations pertinent to cases arising under this article. negligence a mitigating circumstance under Article 1103 Civil Code. As to the contributory negligence of del Prado, as in Rakes vs. Atlantic, Gulf and Pacific Co. (7 Phil., 359), it is treated as a mitigating circumstance under article 1103 of the Civil Code. Herein, the negligence of del Prado was contributory to the accident and
7. Contributory
8. Proximate cause.
Del Prados negligence in attempting to board the moving car was not the proximate cause of the injury. The direct and proximate cause of the injury was the act of Meralcos motorman in putting on the power prematurely. A person boarding a moving car must be taken to assume the risk of injury from boarding the car under the conditions open to his view, but he cannot fairly be held to assume the risk that the motorman, having the situation in view, will increase his peril by accelerating the speed of the car before he is planted safely on the platform. Again, the situation is one where the negligent act of the companys servant succeeded the negligent act of the passenger, and the negligence of the company must be considered the proximate cause of the injury.